Sharapova’s doping scandal - are athletes now more concerned about legality than ethics?
One week since Maria Sharapova’s admission1 that she had tested positive for a prohibited substance (meldonium), it is time to take stock on what was revealed and what might happen to next.
To recap, the immediate reaction to Sharpova’s admission varied hugely.
It included the coolly scientific,2 explaining that, although the drug is designed for short-term use relating to the effects of diabetes, it has long-term athletic benefits in enhancing a player’s endurance and recovery.
The reaction was also coolly commercial3 in the guise of the various sponsors, notably Nike, who with a swoosh suspended endorsement contracts with Sharapova.
Outside of tennis, some of the commentary has cast more heat than light. For instance, former WADA chief Dick Pound was quoted as stating that the use of meldonium is “widespread” in tennis – a claim that was particularly unhelpful and unsubstantiated.4
Within tennis, the reaction was generally muted though tending towards the sympathetic and even empathic. Serena Williams, for instance, remarking:
“I think most people were happy she was upfront and very honest and showed a lot of courage to admit to what she had done and what she had neglected to look at in terms of the [prohibited] list.”5
Williams’ use of the word “neglect” is interesting. In her press conference announcing the positive test, Sharapova described her actions as “careless”. The implication appears to be that, although Sharpaova ought to have known that meldonium was on the prohibited list from 2016, her continuing use of the substance was not a deliberate act of doping or cheat.
In this regard, the press conference,6 which most thought would concern the Russian’s retirement, was characterised by a very controlled and self-serving performance by Sharapova.
To be fair to her, there were no crocodile tears such as those shed by previous drug cheats such as Marion Jones. The aggressive dismissiveness of Lance Armstrong’s defence – everyone else was doping, I was just better at it – was also absent.
And yet in many ways the Sharapova press conference must be understood as one long, legal plea in mitigation.
In the law of doping, the principle of strict liability applies or to paraphrase Article 2.1.1 of the World Anti-Doping Code 2015 (WADC) anti-doping rule violations can be committed without regard to an athlete’s fault. This means that the athlete is responsible for what they ingest. If that substance is prohibited, that athlete is guilty irrespective of whether they intended to take the substance or did so carelessly or accidently. Moreover, pursuant to Article 10.2 WADC, an athlete can be banned (that is, deemed ineligible to compete) to a maximum of four years for a first offence.
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- Tags: Anti-Doping | Athlete Welfare | Court of Arbitration for Sport (CAS) | Governance | International Tennis Federation (ITF) | Regulation | Tennis | World Anti-Doping Agency (WADA) | World Anti-Doping Code (WADC)
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Jack Anderson is a Professor of Law at the University of Melbourne where he teaches criminal law, the law of torts and sports law.
Jack has published widely in the area of sports law and including monographs such as The Legality of Boxing (Routledge 2007) and Modern Sports Law (Hart 2010) and edited collections such as Landmark Cases in Sports Law (Asser 2013) and EU Sports Law (Edward Elgar 2018). He was Editor-in-Chief of the International Sports Law Journal based at the International Sports Law Centre at the Asser Institute from 2013 to 2016. He is Honorary Member of the Centre for Sports Law, Sports Policy and Sports Diplomacy, University of Riejeka, Croatia and an external examiner at the University of Malaya.
An accredited workplace mediator and a Chartered Arbitrator, (CArb). Jack is an arbitrator on the international panel for Sport Resolutions UK and World Athletics’ Disciplinary Tribunal. Jack is a member of International Hockey Federation’s Integrity Unit and a founding member of the Asia Racing Federation’s Anti-Illegal Betting Taskforce. In Australia, Jack sits on the disciplinary tribunal of the Football Federation of Victoria and for Basketball Australia. In 2019, Jack was appointed by the Victoria government to the Board of Harness Racing Victoria. He is Vice-President of Gaelic Games Victoria.
From 2016-2019, he was a member of the Court of Arbitration for Sport and appeared on the list of arbitrators of the CAS Ad hoc Division for the UEFA EURO 2016 (European football championships). He was the sole CAS arbitrator at the Commonwealth Games in 2018. In 2019, he was appointed to the International Tennis Federation’s Ethics Commission and was asked by the Australian government to chair the advisory committee to prepare for the establishment of a national sports tribunal. In 2020, he was appointed as a member of the National Sports Tribunal of Australia.